Road accidents may take place unexpectedly as no one expects them to take place, however after an accident takes place due to the state of extreme panic or adrenaline rush, people are mostly not in a state to handle the situation properly, hence affecting their claims. As a result, it is important for an individual to be aware of their rights so as to protect them. However, even after being aware of your rights, you may not be able to treat the whole situation with a calm mind, in addition the legal procedure related to the insurance process must also be dealt with. It becomes, therefore, important to have an experienced insurance lawyer representing your case and assisting you through the numerous procedures after a road accident.
Discussed below are some of the situations which may help you understand the steps or precautions you can take during or after the accident
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What to do if the the accident has been caused by you
In this situation, when you get charged for causing the car accident on the road, following steps must be followed by you-
- Medical treatment must be taken immediately if any casualty is caused.
- You will have to inform the police immediately.
- You must contact your insurer as early as possible, providing them with the necessary details which related to the accident
- Also, pictures of the accident site are required to be taken immediately and shall be handed over to your insurance company.
- A complaint is required to be filed by you to the SP against any FIR which is filed against your vehicle previously
An arrest will be carried out by the police, in case you drive negligently or rashly. As could be understood from the above mentioned points, it would be helpful for you in case you are represented by an experienced advocate near you, so that you will be ready for every negative situation.
What to do if you got injured in an accident
Before taking any step, first and foremost you must seek emergency medical treatment from a nearby hospital. In the event of a road accident, the doctor would report the accident case to the nearest police station after taking care of the primary treatment.
After an accident has has taken place occurred, following options are available to you-
- You may file an FIR in order to
- Get a third-party claim (victims other than the owner or the driver involved in an accident).
- In case an injury is caused or loss of any life has occurred
- An application is required to be filed under the Motor Accident Claims Tribunal in order to claim monetary compensation. No limit is applied for motor vehicle accident claims, without having to cause an unnecessary delay.
- In case you are in a position to do the following-
- You must take down the information of the vehicle or of the driver who has caused the accident
- Proper photos as well as videos (if possible) of the injuries caused are to be taken including those of the damages caused to the vehicles if any, accident site, etc
- Also, it is important you inform your insurance company immediately.
Conclusion
In addition to the above-mentioned points, it is important for you to remember that the vehicles involved in an accident shall be kept in the custody of the police during a court case, your vehicle would be released only after the case has been closed. Also, you would have to get a clearance certificate from the RTO, which will be presented before the police after which the car would be released. As could be understood from the above-mentioned article, when an accident occurs, it would be helpful for your accident case if you talk to a lawyer during your court case.
In case you wish to ask a legal question or wish to seek free legal advice online or are looking for an experienced advocate to represent your case after the car accident, you may contact us at Lead India.
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